Back to Top

Back to Sentencing Tables Index

These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Wounding - s33B - Use Offensive Weapon to Avoid Apprehension, etc 

Crimes Act s33B

(1) Any person who:

(a) uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or

(b) threatens injury to any person or property,

with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.

 (2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this sub-section is liable to imprisonment for 15 years.

(sub-section (2) commenced 14.12.2001) 

Case​OffencePleaSentence​Appeal​Weapon​Record​Facts

Mitchell
(34)


NSW CCA
1.6.1994

s.33B(b) - threaten injury to prevent investigation

VG

MT 18m
AT 12m
(+9m PSC)
(cumulative to existing 4m sentence)

AD

car

long record

After police chase drove car at police officer three times.

Stone
(21)


(1996) 84 A Crim R 218

s.33B(a) - use off weapon to prevent lawful app

Sched:
Incite group of people to behave in disorderly manner
2 x Assault police
2 x Mal damage

PG

MT 3y
AT 1y

AA
MT 18m
AT 18m

broken bottle

minor record for violence and offensive behaviour

Ringleader of group of aboriginals outside hotel objecting to police detainment of 16y youth for intoxication. Used broken bottle to threaten police and avoid arrest. Further offences committed during subsequent arrest. Misapprehended actions of police.
Not pre-meditated - no gun or knife - no physical contact between weapon and police - no injuries.

Carter


NSW CCA
29.10.1997

2 x s.33B(a) - use off weapon to prevent detention

Sched
Theft of batteries
2 x GIC

PG

MT 3y
AT 3y

AD

syringe

extensive record

When detained for shoplifting jabbed syringe into hand and threatened to infect with AIDS. Repeated offence in second shop 7 days later. Serious offences.
Tragic and miserable childhood - drug addiction - raped previously in prison - on protection.

King


NSW CCA [16]
3.3.1999

s.33B(a) - use off weapon to prevent lawful app

VG

MT 6m
AT 6m

Crown AA
MT 12m
AT 18m

metal bar

appalling record of assaults on police while drunk - on recog at time of offence

Police called to premises where appellant intoxicated and making threats about using axe. Threats increased and included threat to burn down house. Used metal bars to ward off police. One officer struck on right hand. Very intoxicated - asserting he had been assaulted with a shotgun.
Hard life - crippling amputation

Hutchison
(33)


NSW CCA [113]
22.3.2000

s.33B(a) - use off weapon to prevent lawful app

Sched:
Driving offences
Possess prohibit drug
Dispose stolen prop
Obtain prop by decept

PG

MT 2y 6m
AT 2y

AD

car

lengthy criminal record - appalling traffic record

During dangerous and lengthy high speed police chase deliberating drove at police cars injuring two police officers.

Watts


NSW CCA [167]
14.4.2000

s.33B(a) - possess off weapon w/i to commit indict off
2 x s.33B(a) -use off weapon w/i to commit indict off

VG

MT 6y
AT 2y

AA
MT 4y
AT 2y

gun and car

lengthy record

Became involved in struggle with people around campfire - Returned with gun and threatened - Drove car through campsite - Air-rifle with safety catch on
Serious alcohol addiction - totality

Paris
(39)


NSW CCA [83]
14.3.2001

s.33B(a) threaten to use off weapon to prevent investigation

Sched:
2 x assault

PG

2y GBB

Crown AA
2y - suspended

knife and wood

old convictions

Threatened police and ambulance officers called to investigate apparent suicide - siege developed for 24 hours.
Violent, unhappy and neglected childhood - 3 weeks custody - excellent community work and record as volunteer fire fighter.

Greene
(51)


NSW CCA [258]
29.6.2001

s.33B(a) - use off weapon with intent to commit GBH

PG

5y
NPP 2y

AD

cigarette lighter

nil

Argued with de facto wife - Poured turpentine on her and tried to set her alight
Subsequently married - long term alcoholic

Reed


NSW CCA [364]
14.9.2001

s.33B(a) - possess off weapon with intent to commit indict off

Sched:
4 x firearm offences

PG (25%)

4y 6m
NPP 2y 8m

AA
4y
NPP 2y

loaded gun

Seriously assaulted by complainant in hotel - argued over C's conduct towards applicant's elderly mother - returned with loaded gun intending to kill - desisted when C used female as shield
Mental disorder - Depressive illness since death of mother - Extremely provocative acts of C

Milojevic
(28)


NSW CCA [461]
19.11.2001

s.33B(a) - threaten to use off weapon to prevent lawful app

Sched:
7 related offences

PG

5y 5m 15d
NPP 3y 5m 15d
(from JIRS summary)

AD

knife and accelerant

lengthy including assaults - recog for drug offences and bail for assault

Sustained and serious assault on de facto wife - Also assaulted mother and 3y daughter - Set fire to house - Threatened police with knife and accelerant
Genuine remorse

Haddad
(27)


NSW CCA [176]
7.5.2002

3 x s.33B(a) - use offensive weapon to cause GBH

PG

8y
NPP 5y

AA
8y
NPP 4y

car

nil

Following argument with motorcyclist drove car at motor cyclist and two pedestrians - Two injured - Returned a second time - Element of provocation and upset over argument with father
Genuine contrition - Good character - Married with two young children

Kumar
(19)


NSW CCA [254]
29.7.2003

s.33B(a) - use offensive weapon with intent to commit assault
s.33B(a) - use offensive weapon with intent to maliciously inflict GBH

PG

20m
NPP 8m

Crown AD
(sentence inadequate but 3 year delay in prosecution)

Car

Nil

After argument with girlfriend struck male companion twice with car - Complainant walking away - On second occasion mounted footpath and drove 30-35 kph
Motivated by jealousy and anger
3 year delay in prosecution

Hickling
(19)

Avery
(19)

NSW CCA [168]
7.5.2004

s.33B(a) - use off weapon to prevent lawful apprehension

s.33B(a) Use off weapon to prevent lawful apprehension

Sched:
Assault police

PG

18m
NPP 9m


18m
NPP 9m

(sentences largely conc with existing sentences)

Crown AD
Sentences inadequate but Court exercised discretion in view of pending release date

Branch

Substantial record - breached parole


Substantial record including offences against police - breached recog

Police officer called to disturbance at hotel caused by intoxicated respondents - Officer resisted and attacked with broken tree branch
Aboriginals with deprived backgrounds - Continue to live in environment of disadvantage, alcohol abuse and violence - Close to release date

Ensby
(50s)


NSW CCA [196]
24.6.2004

s.33B(1)(a) Use off weapon W/I to commit indictable off

Sched:
Possess shortened firearm

PG (20%)

5y
NPP 3y 9m

AD

Gun

Lengthy record - prior recent conviction for stalking and threatening female partner

Threatened ex de facto with shortened firearm - Complainant attending house to retrieve property - Pursued and threatened to kill - Gun not loaded

McGrath
(33)


NSW CCA [440]
8.12.2004

s.33B(a) Use off weapon to prevent lawful apprehension

Sched:
2 x driving offences

PG (15% on appeal)

8y
NPP 6y

AA
6y
NPP 4y

Screwdriver

Appalling record - breached parole

Attempting to steal car - threatened security guards with screwdriver - escaped in car
Unduly took into account dangerous driving
Intellectual disability

Osborne
(37)


NSW CCA [91]
2.4.2007

2 x s.33B(a) 1 x To commit indictable offence (assault) & 1 x To avoid lawful apprehension

Form 1 : 6 matters

PG

5y
NPP 3y

AD

Motor vehicle

Lengthy

Drove stolen car into door of victim's vehicle whilst victim in vehicle - During police pursuit, reversed car into front of police vehicle causing damage.
'Drug induced psychotic rage'- Aboriginal - lengthy history of drug abuse - mental illness.

Wycamp
(45)

 

NSW CCA [145]
4.7.2012

  s.33B(2)

PG(25%)

18m
NPP 12m

  AD

 

Old violence offence

Demanded police officer release son from police van after arrest for drink driving - surrounded by group of intoxicated men making threats - police officer feared he would be assaulted and seriously injured - police officer forced to release son - was aware release of son meant he would not be subject to breath test - sole police stationed in small country town Good character evidence

Craig

 

[2014] NSWCCA 243

2 x s.33B(1)(b)

 

Enter enclosed lands

PG

(15%)

6y

NPP 4y 3m

​AD​Scissor blade​Old murder offence (1991)Took 3y and 17m son and daughter from home of Grandmother against court order – walked to bushland – when approached by police held scissor blade to neck and threatened to stab – stand off – not wish to injure children

Long standing psychiatric issues

 

 

Back to Sentencing Tables Index